Right To Light

[DannytheRed]

I am building a new kitchen most of whose windows will be immediately adjacent to a neighboring field (in case it is relevant, there was previously a conservatory along the same line with rather more glass, which had been in place for 15 years). A Chartered Surveyor acting for the farmer / neighbour objects to the development because not to do so might allow me to object to a hypothetical building project on the land at some time in the future. In my opinion, the chances of planning permission being granted on prime agricultural land with serious access problems, road widening implications, etc. are so small as to be disregarded. I assume it is a 'shopping expedition' by the Surveyor to charge me for the development, but would be grateful for advice as to my options.

[fiction-factory]

The title is 'right to light' but I'm not clear whether that's part of the issue here

[fiction-factory]

Are you saying that if the kitchen is built you could then claim 'a right to light' if he applies for planning permission?

[tamborine]

Only an existing building can claim 'right to light'.

http://www.planning-applications.co.uk/righttolight.htm

[DannytheRed]

Thanks for your two replies. 'Right to light' is what my neighbour's Surveyor says is the issue. And it is the Surveyor who says I might claim a right to light to object to a building estate on the field in however-many-years time. I presume he is chasing some sort of buy-out payment or rent agreement from me. I assume I have options like taking out insurance, offering token damages for loss of potential amenity, etc. But, actually, I would prefer to just resist any claim, at least until it is backed up by injunction or other legal action.
It might be worth adding that I have academic legal qualifications (LL.M) and representational experience, but a long way away from housing / land law.

[DannytheRed]

Thanks, too, to tamborine. It happens that I had found that link, but not yet read it, and am off for early bed with Saga Noren (The Bridge). So will put off checking your suggestion that there cannot be a hypothetical right to light issue for either party. Interesting!!!

[Dogsbody2]

The 'right to light' (if it exists) is a right under common law - it is a type of easement. Chartered Surveyors are not generally knows for their expertise in property law - only in terms of Planning Law, as applied by the various Town and Country Planning Acts, and this has nothing to do with that.

I'd be a lot more bothered if the farmer's solicitor had written to you, because frankly I don't think this so-called Surveyor has a clue what he is talking about.

I suggest you tell him that you consider you have no case to answer, but would he please put it in writing, so you can understand the basis of his case.

One simply cannot put a cohesive argument together that says that your development (current proposed) might, when build, limit HIS future development potential (not yet even on the drawing board) - a 'right to light', when it exists, applies in relation to a building ALREADY IN EXISTENCE.

What planning legislation are you using for this proposed kitchen - using your permitted development rights?, or are you making an explicit planning application?

[DannytheRed]

Many thanks, Dogsbody; most helpful.

Yes, I guess the complexity comes from common law origins surrounded by statute (Prescriptions Act 1832, Right to Light Act 1959); a bit like the contract of employment in employment law, but that sometimes allows too much creativity in interpretation to judges - lawyers who used to make their living pursuing similar absurdities, hence my anxieties.

I cannot find any evidence of R2L applying to defend hypothetical future building, but neither can I find anything specifically blocking it.

Planning process is complex. We originally planned to develop in a different direction, without any implications for neighbouring farm land, secured planning permission, but rapidly hit an underground water cistern which we could not find an affordable way round. So we went for the present route, were told we could not treat it as an amendment and would have to make a fresh application. By that stage we had foundation trenches all over and two builders who we don't want to lay off just before Christmas. So we are proceeding whilst awaiting planning permission. We notified the neighbouring farmer as a courtesy and she brought in the Building Surveyor who sniffs a settlement fee.

We will see. In the meantime, thanks for your suggestions, particularly about teasing out his true intentions.

[Dogsbody2]

Don't lose sight of the fact that the farmer could put a thick hedge slap bang on his side of the boundary and block your planned view in a few years. Obviously in extreme situations, if hedges grow high it may be possible to use the legislation, if you are later blocked for light. This is done as a Statutory Nuisance.
The point I'm making is that you really want a couple of metres between the edge of your land and the wall that faces his field, especially if there are windows in that elevation.